What is the "H-1B Portability Rule?"
The portability rule for H-1B visa holders is described in the “2000 American Competitiveness in the 21st Century Act” or "AC21" for short. This states that the holder of an H-1B visa can change employers and commence work for a different employer on the same day that the transfer H-1B petition has been received by the UCIS from the employer who is new and has been filed on the H-1B holder’s behalf.
The H-1B holder has to be someone who has been legally allowed to enter the USA.
The employer must file a petition in relation to the new job prior to the expiration date of the stay of the transfer employee.
How an H-1B visa status holder can benefit from the H-1B portability rule
To avoid this happening the safest way to not abuse the H-1B portability rule is by staying under H-1B status and apply for a transfer through the use of premium processing which attracts a higher fee but it means that the decision about the transfer has to be made within 15 days of the filing taking place.
If the H-1B holder or the employer is unable to wait because there is an urgent need for the worker’s services then the transfer petition has to be prepared in a timely manner to assure acceptance
Return to "The H-1B Visa" to learn more.